P. v. Wilkins CA1/4
Appellant Keith Wilkins was convicted of the second degree murder of Marche Daniels and the voluntary manslaughter of Frederick Glaspie. Appellant argues that his second degree murder conviction should be reversed because the trial court improperly precluded expert testimony that was necessary to his defense. We conclude the trial court properly excluded the proposed testimony on the victims’ gang affiliation and the character of the neighborhood and in any event, the testimony was cumulative and any error not prejudicial. Appellant also argues the prosecutor committed misconduct during the rebuttal argument by misstating the standard for heat of passion manslaughter. While the majority of the prosecutor’s closing argument and rebuttal set forth the proper standard, the prosecutor did make an incorrect statement of the law in rebuttal, but any error was corrected by the court’s instructions to the jury. We affirm.
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